Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 14(a) of the Convention. Restrictions on employment and geographical mobility. For a number of years the Committee has been requesting the Government to communicate to the Office the text repealing Decree No. 77-45 of 4 March 1977 issuing regulations respecting the movement of foreigners and requiring special authorization for foreigners to leave their town of residence. The Committee notes the Government’s statement that the Minister of Labour and the Minister of Interior and Public Security are currently discussing the repeal of this Decree. The Committee recalls once again that Article 14(a), while permitting during a preliminary phase certain restrictions on the free choice of employment of foreigners, these may not restrict the right to geographical mobility of migrant workers lawfully in the territory, which they must enjoy from the beginning of their stay in the same conditions as nationals (see also General Survey of 1999 on migrant workers, paragraph 397). The Committee urges the Government to adopt without delay measures to repeal Decree No. 77-45 of 4 March 1977.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]